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ACCC loses appeal in cartel case over coal mining licences
Appeals 2019-09-04 3:46 pm By Miklos Bolza

The Australian Competition and Consumer Commission has failed in its challenge to a ruling that dismissed its bid-rigging case over mining exploration licences involving Cascade Coal and the sons of jailed Labor politician Eddie Obeid.

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CIMIC attacks ‘forests of contingencies’ in class action pleadings
Allens 2019-09-04 2:26 pm By Miklos Bolza

Engineering services firm CIMIC Group has attacked the pleadings in a shareholder class action against it, saying needlessly convoluted paragraphs containing a “numerically vast number of contingencies” should be struck out.

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Case against NSW Ports docked while ACCC matter sails on
Competition & Consumer Protection 2019-08-19 9:55 pm By Cat Fredenburgh

A competition lawsuit brought against NSW Ports has been stayed while a similar case brought by the competition regulator over an allegedly anti-competitive agreement to privatise Port Botany and Port Kembla moves forward.

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Patent attorneys sued by firm win bid for Seyfarth docs
Bennett & Philp Lawyers 2019-08-19 4:41 pm By Amelia Birnie

Two patent attorneys who are being sued by a boutique IP firm for jumping ship to start their own business have cleared the first hurdle in their fight against preliminary discovery, after a judge found the documents relied upon by their former employer’s lawyers at Seyfarth Shaw were relevant to the case.

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Ultra Tune appeals ‘manifestly excessive’ penalty for breaching Franchising Code
Chief Justice James Allsop 2019-08-12 9:11 pm By Miklos Bolza

National car repair franchise Ultra Tune has argued in a Full Federal Court appeal that a $1.07 million penalty in an ACCC case was “manifestly excessive” because it was based on unintentional breaches of the Franchising Code of Conduct that were caused by tardy accountants and auditors.

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Class to fight CIMIC’s ‘opportunistic’ bid to strike out pleadings
Allens 2019-08-09 9:06 pm By Miklos Bolza

A shareholder class action against CIMIC Group will fight a strike out application it has slammed as an “opportunistic” late-stage move by the global engineering firm made only because the trial was previously vacated.

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Cartridge reseller must prove it’s ‘good for the money’ as landmark patent case goes to High Court
Allens 2019-08-09 8:35 pm By Miklos Bolza

Ink cartridge reseller Calidad has been ordered to show evidence of its finances in support of its application to stay a Full Court judgment while it waits for the outcome of its special leave application to the High Court in a landmark patent infringement dispute with printer giant Seiko Epson.

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Online drug supplier Peptides Clinic hit with $10M fine for advertising breaches
Australian Government Solicitor 2019-07-23 9:49 pm By Christine Caulfield

A judge has slapped a $10 million fine on online supplement company Peptide Clinics for advertising prescription-only drugs in breach of the Therapeutic Goods Act.

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NSW Ports slams ACCC’s competition constraint claims as ‘slight or hypothetical’
Alice Muhlebach 2019-07-19 3:38 pm By Miklos Bolza

NSW Ports Operations has denied claims that an agreement for the privatisation of its subsidiaries Port Botany and Port Kembla stymied competition, describing the allegations made by the Australian Competition and Consumer Commission as “slight or hypothetical”.

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IOOF CFO slams disqualification case as ‘egregious’ example of impulsive enforcement
Arnold Bloch Leibler 2019-07-16 5:12 pm By Amelia Birnie

Lawyers for IOOF chief financial officer David Coulter have dismissed APRA’s allegations that he breached his superannuation duties as commercially “naïve”, “absolutely desperate” and a “most egregious example” of impulsive regulatory enforcement action.

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